Marcus & Boxerman Franchise Law Blog
We’re business law and franchise lawyers in Chicago providing customized legal services to businesses and their owners, franchisors and franchisees, and the restaurant and hospitality industry. Our knowledgeable, effective, and responsive attorneys counsel clients in connection with contracts and franchise agreements, corporate and LLC issues, leases and real estate transactions, employment issues, estate planning and business succession, and lawsuits and alternative dispute resolution.-
Recent Posts
- Federal Court Blocks FTC’s Nationwide Noncompete Ban: What Employers Need to Know
- Be Sure to Conduct Due Diligence Before Buying a Franchise
- Michael Boxerman Selected to Franchise & Dealership Super Lawyers List
- Enhancing Corporate Transparency: Corporate Transparency Act Takes Effect January 1st
- FTC Requests Public Comment for Potential Updates to Franchise Rule
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Category Archives: Franchisor
Restaurant Owners: Are You Taking Advantage of All Tax Credits and Deductions?
Restaurant owners can take advantage of many special deductions and credits providing substantial tax savings. Here are several to explore: Tax Credits for Hiring in Empowerment Zones. Tax credits are available for hiring employees who live and work in an … Continue reading
Posted in Franchisee, Franchisor, Leases, Real Estate, Restaurant, Tax
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Defend Trade Secrets Act Creates Federal Jurisdiction Over Misappropriation Claims
Congress recently passed the Defend Trade Secrets Act (“DTSA”), vesting federal courts with the power to hear trade secret theft disputes and act immediately to resolve them. The DTSA took effect May 12, 2016, and further empowers American innovators to … Continue reading
New Federal Overtime Rule Takes Effect December 1, 2016
The U.S. Department of Labor recently finalized a rule (the “Final Rule”) to update the federal white collar overtime exemptions. The Final Rule, which takes effect on December 1, 2016, doubles the salary threshold—from $23,660 to $47,476 per year, or … Continue reading
Update: Avoiding The Franchisor Joint Employer Trap
It’s an unsettling time for franchisors. The NLRB’s new “indirect control” standard for finding a joint employer relationship (discussed here) is ambiguous and leaves many franchisors confused about how to protect their brand without becoming a joint employer with their … Continue reading
Your Managers May Not Be Exempt Under the DOL’s Proposed Overtime Rules
Business owners and franchisees, you might need to start paying your managers overtime. The Department of Labor (DOL) is updating the overtime rules for the so-called “white collar” exemption that excludes certain executive, administrative, and professional employees from the FLSA … Continue reading
Limiting Employee Hours to Avoid the Affordable Care Act May Violate ERISA
Under the Affordable Care Act (ACA), employers with 50 full-time equivalent employees (those working 30+ hours per week) must offer at least minimal healthcare to employees and their dependents. Employers, including many franchised businesses, may attempt to avoid this requirement … Continue reading
Posted in Employment, Franchisee, Franchisor
Tagged aca, affordable care act, employer liability, employment law, obamacare
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Choice of Entity: LLC or S Corporation?
Choosing the right business structure makes a big difference for your business. Most of today’s small business and franchise owners opt for one of two structures, the limited liability company (LLC) or the S corporation (S corp.). While these business … Continue reading
U.S. Attorney’s Office to Review City and Suburban Restaurants for Compliance with Americans with Disabilities Act
The United States Attorney’s office for the Northern District of Illinois recently announced it is reviewing restaurants in Chicago and the suburbs to ensure the facilities comply with the Americans with Disabilities Act (ADA). Public accommodations such as restaurants must … Continue reading
California Franchise Law Update: The New Franchisee-Friendly Regime
Recent amendments to the California Franchise Relations Act (CFRA) drastically shift the balance of power between franchisees and franchisors. The amendments to the CFRA greatly expand franchisee protections in the event of termination, nonrenewal, and transfer. The amendments take effect January … Continue reading
Withholding or Reducing Discretionary Bonuses May Lead to Discrimination Claims
In October 2015, the Second Circuit Court of Appeals ruled that an employer’s reduction of an employee’s discretionary bonus constitutes an adverse employment action and may support an employee’s discrimination claim. Davis v. New York City Dep’t of Educ., 2015 … Continue reading